Dullard Shankar and brahmanical Shourie, Vasudevan & Padshikar. Don't
They kNow That 'Constitution of India' - The Lengthiest of All was Settled Only
in 141 + 166 = 10 months & 5 Days By Our Drafting Committee and Constituent
Assembly. Why?
But for Dr. B. R. Ambedkar - 'Father of Constitution'
Our Constitution could not have been the 'Best' and Country 'United' in
the World.
Of late
there was a hue & cry made by the so called liberal intellectuals in
the name of 'freedom of expression' [without real liberty] of India
when on the outrage of the Bahujans of India and Ambedkarites in
particular, the HRD ministry decided on 26th April 2012 to take
out a controversial cartoon from NCERT standard XI Political Science book on
'Indian Constitution At work'. The ministry also formed a Committee under the
Chairmanship of S. Thorat head of Indian Council of Social Sciences Research
to recommend upon all other cartoons and content of the NCERT books. This
committee recommended that more than 10 "inappropriate" cartoons
should be deleted, cartoon captions with negative implications should be
changed and in some cases, even the text modified. The pattern of questions
asked through Chunni & Munni also have been termed offensive.
A
cartoon sketched some time in 1949 during the framing of the Constitution of
India by famous cartoonist Shankar showed Hon'ble Dr. B. R. Ambedkar -
the Chairman of Drafting Committee sitting on a snail of Constitution with
reins of control and Jawaharal Nehru standing behind Him with a 'whip'
in his hand and trying to expedite the pace by hitting the Chairman of DC while
the whole countrymen looking-on in ridicule.
This
cartoon sketched in 1949 was introduced in 2006 in this NCERT book by Suhash
Padshikar, the former member of the NCERT text book council and HOD
of Political Science Department, University of Pune; popular psephologist of
India Yogendra Yadav, the former chief advisor who is a senior fellow in
CSDS, New Delhi and Dr. Hari Vasudevan, the chairperson and advisor. The
cartoons it is said were incorporated in the books of NCERT to make the
subjects interesting as recommended by Yashpal Committee 2005. This cartoon
amidst debate now on page 18 of the aforesaid book raises doubts in the minds
of students that it took to long to frame the Constitution; rather the
Constitution was made at a 'snails pace'. Of late a Pune Sessions Court
has send the matter for investigation under section 156(3), of Cr.PC to the
Police for investigating the alleged offences under IPC Sec. 153 (A) (B) and
295 for inciting 'communal violence' on the basis of a complaint lodged by Bhaivivek
Chavan against all the three.
We are
not here to discuss the pedagogy, as to how best the subject can be made
interesting for students to comprehend. What we will be focusing here is the 'great
lie' that this 'cartoon' conveys without the text of the book answering
even the elementary details pertaining to the time-taken in framing the
Constitution of India from 9th Dec. 1946 (when
the CA convened for the first time) to 26th Nov. 1949 (when
the COI was enacted & adopted by CA). We will also go in the details of
framing of the Constitution and the unparalleled contribution of Dr. B.
R. Ambedkar - the Chairman of DC.
The
second aspect, that which must also not be overlooked here, is that why a
cartoon of 1949 was picked & chosen by the committee of Hari Vasudevan,
Yogendra Yadav & Suhas Padshikar and incorporated in 2006CE when it was
at least expected from a HOD of Political Science of a fictitiously reputed
university of Pune [if not from dullard
Shankar, or Yogendra Yadav who seems to be under the 'mental slavery' of
brahmanism] to know the details of framing of COI, and
as to how the lengthiest & best Constitution of the world was framed
actually in 10 months and 5 days (166 days of CA + 141 days of DC = 10 months 5
days) considering the extraordinary complex historical situation prevailing at that
time before our country? Does the cartoon conveys only a political humour or a
caricature that can be psychologically read as denigration of the image &
historical work of Dr. B. R. Ambedkar, who by reason of caste system made by
the so-called brahmins [read Nehru
of Cartoon with whip in hand scolding the Chairman] and their Hindu religion happened to be an Untouchable
or varna bahaya [but] created a
new civilizational history of India i.e. Bharat by framing its 1st Democratic
Constitution? Was the conspiracy hatched from Pune on 26th Feb. 1996 itself
when Shourie's face was blackened by Dalit activists but unabashed by
this he continued to speak blatant lies. (ref. pp. 619-39, Shourie Arun)
Why it
so happens that the members of CA unreasonably critical of our Constitution for
un-Constitutional reasons of Bhartiyata or casteism [and not nationalism] and the once like Shourie, Padshikar & Vasudevan come
from the same, lineage of caste and not otherwise?
Before
commenting upon the 'prejudiced & rotten mentality' of brahmanism that is
reflected in Padshikar's & Vasudevan's desperation [or Arun
Shourie's lies] to choose a cartoon of 60 yrs. old I would like to clear
some of the important details of framing The Constitution of India.
Framing of the Constitution of India - A Historical Epoch
of Indian Civilization.
Bharat
as a country was to frame a Constitution for the 1st time in its
civilization in pursuance with the Cabinet Mission Plan of May 16th 1946. Though the
developments started with August offer of 1940 amidst world war 2nd (see TOP Vol. 1 onwards) The elections to the CA completed by the end of July
1946 (except for the Sikh Seats in Punjab which
completed in August 1946). The
Congress was anxious to take steps to convene the CA but the Muslim League was
reluctant to join the CA for its demand of Pakistan though it has nominated 5
members in the Interim Govt. None the less a decision was taken to summon the
CA and invitations to all the members were send on 20th Nov. and the 1st meeting of the CA
was convened on 9th Dec. 1949 at 11.00 A.M. at Constituent
Assembly Chamber in the Council House, New Delhi. Out of 296 members, 207
attended. Muslim League members boycotted the Assembly. Amidst uncertainty of
Muslim League participating in the CA which got a little clear only in Jan.
1947 with its stand not to participate. Accordingly on Feb. 20th 1947 the British
Prime Minister Atlee made a statement in House of Commons clarifying "as
to whom the powers of the Central Government in British India should be handed
over" in absence of a fully representative CA.
The CA
started its preliminary work as under.
10.12.1946 - President of the Assembly election resolution
was moved. Committee on the CA Rules of Procedure formed which submitted its
report on 20th Dec.
1946.
11.12.1946 - Rajendra Prasad was elected unanimously the
Permanent Chairman of the CA.
13.12.1946 - Objectives Resolution moved by
Jawharlal Nehru.
21.12.1946 - CA resolves to set up State Committee
to confer with the Negotiating Committee set up by Chamber of Princes.
23-12-1946 - CA Adopt the CA Rules of Procedure Report
headed by the President of CA.
- Credentials Committee with Alladi
Krishnaswami Ayyar as Chairman and House Committee with B. Pattabhi
Sitarnayya Chairman constituted.
- Finance & Staff Committee constituted with
the President of CA as the ex-officio Chairman.
7.1.1947 - Press Gallery Committee with Usha Nath Sen
as Chairman constituted.
21.1.1947 - A Steering Committee for arranging the order
of business constituted with Rajendra Prasad of CA as Chairman. It
submitted its reports on 30.4.1947 and on 14.7.1947 emphasising that the CA
should complete its work by Oct. 1947.
24th Jan. 1947 - Advisory
Committee constituted with Vallabhai Patel as Chairman.
25.1.1947 - Union Powers Committee is constituted
with Jawaharlal Nehru as Chairman.
27.2.1947 - Advisory Committee constitutes 5
sub-committees :
on
FRs (headed by J. K. Kriplani);
N.E.
Tribal Areas (headed by G. N. Bardoloi);
N.W.
Tribal Areas (later abolished due to POI);
Excluded
& Partially Excluded area (headed by A. V. Thakkar);
Minorities
sub-com. (headed by Dr. H. C. Mookherjee);
19th April 1947 - Sub-Committee
on Minorities submits its report.
17.4.1947 & 5.7.1947- Union Powers Committee submits its reports
with entries on 3 lists. Some of those we adopted by CA on 27-28 Aug. 1947.
23.4.1947 - Advisory Com. submits its Interim
Report on FRs along with a supplementary report on 25th April.
24.4.1947 - The States Com. submits its report
securing agreement with States on 93 seats of CA.
29.4.1947 to 2.5.1947- The CA considers interim report on FRs.
30.4.1947 - Union Constitution Committee Chaired by
Jawaharlal Nehru and Provincial Constitution Committee chaired by
Vallabhai Patel constituted.
25.7.1947 - London Conference followed by '3rd June' Mountbatten
Plan for Partition of India. There was a condition in this to frame the 'basic
parts' of the Constitution on or before
middle of Aug. 1947.
23.6.1947 - Flag Committee with Rajendra Prasad
as Chairman constituted.
27.6.1947 - Provincial Constitution Committee submits
its report.
30.6.1947 to 3.7.1947 - Union Powers
Committee and Union Constitution Committee held 4 joint meetings to
finalise the 3 lists.
4.7.1947 & 13.7.1947 - Union Constitution Committee submits
its reports.
9.7.1947 - Report The Order of Business Committee
headed by K. M. Munshi is submitted to the President of CA. It
recommends constituting of a Drafting Committee.
14.7.1947 - The CA elects Dr. H. C. Mookerjee as
its vice-President.
18th July 1947 - Indian
Independence Act, 1947 enacted by the British Parliament constituting two
independent dominions of India & Pakistan w.e.f. 15th Aug. 1947.
15 to 31st July 1947 - The CA
considers reports on the Principles of a Model Provincial Constitution and
Union Constitution Committee.
30.7.1947 - Committee chaired by P. Pattabhi
Sitaramaya for the purpose of recommending Constitutional Changes in five Centrally
Administered Areas constituted. It submitted its Report on 21.10.1947.
25th to 29th July 1947 - The CA considers the Report of Union
Constitution Committee.
8.8.1947 - Advisory Committee submits its report
on Minority Rights in pursuance with para 20 of Cabinet Mission Plan,
1946.
14/15 Aug. 1947 (midnight) - CA assumes full sovereign powers for the
framing of COI & governance of India.
20th to 26th Aug. 1947- The CA considers the report of Union Powers
Committee.
20th Aug. 1947 - A
small committee chaired by G. V. Mavalankar to consider &
report on the Functions of CA under IIA, 1947 constituted. It submits
its report on 25th Aug. and it was taken up by the CA for
consideration on 29th Aug.; this motion is moved by Hon'ble B. R.
Ambedkar.
25.8.1947 - Joint Meeting recommendations of Tribal
Committees submitted to C.A. FRs Sub. Comm. submits its supplementary report.
27th & 28th Aug. 1947 - The CA considers the Report of Advisory
Committee on Minority Rights.
29th Aug. 1947 - CA
constitutes Drafting Committee. It also adopts the motion 'to
scrutinise the draft text of the COI prepared by the Constitutional Adviser and
submit the Draft Constitution as revised by the Committee.'
30th Aug. 1947 - The
DC elected unanimously Hon'ble Dr. B. R. Ambedkar as its
Chairman.
30.8.1947 - The CA takes up for consideration the Supplementary
Report on FRs. A sub-committee to consider clause 16 of this Report and
report it to the DC is constituted.
4.9.1947 - 'Expert Committee on The Financial
Provisions of The Constitution' was constituted by CA with N.R. Sarkar,
V. S. Sundaram & M. V. Rangachari as members. It submits its
report on Dec. 5th 1947.
Oct. 1947 - Based on the reports and recommendations of
the various committees as adopted by the CA, Constitutional advisor B. N.
Rau assisted by S. N. Mukherjee, Joint-Secretary and Draftsman
submits the Draft of the Constitution with 240 sections & 13 schedules.
This 'rough draft' differs substantially from the 1st Draft Constitution
of Feb. 1948, Nov. 1948 and final Draft of
Nov. 1949 as finalised by the DC.
21.10.1947 - Chief Commissioners Provinces Committee
leaded by Pattabhi Sitaramayya tables its report to the CA.
27th Oct. 1947 to 21st
Feb. 1948
(within 4 months) - DC starts scrutinising the draft of B.N.
Rau and Dr. B. R. Ambedkar - Chairman of DC submits the 1st Draft Constitution
with substantial changes along with foot notes explaining the reasons for such
change on 21st Feb.
1948. This draft had 315 Articles and 8 Sch. The DC completed this work only in
42 days.
5.12.1947 - Expert Committee On The Financial
Provisions leaded by M. V. Rangachari submits its report to the CA.
26.2.1948 - The Draft Constitution submitted on 21st Feb. 1948 by the
DC was published wide publicity so that all can express their views. Copies
were also send to the Provincial Legislatures & Govts., Ministries of GOI,
the Federal Court & High Courts inviting criticism & suggestions on or
before March 22, 1948.
4.3.1948 - Vallabhai Patel, Chairman of Advisory
Com. submits second reports of Tribal Committees received to him on 28.7.1947,
18.8.1947 & 25.8.1947 to the President of CA which were kept before CA on
4.11.1948 when the revised draft constitution was moved.
23rd to 27th March - The
DC meets to considers the comments & suggestions received wide publicity.
The President of CA constitutes a "Special Committee" under
the Chairmanship of Jawaharlal Nehru with Dr. Ambedkar as a member along
with 28 others. This "Special Committee" meets only on 10th & 11th April 1948 and
gives some suggestions.
Suggestions
from members of CA, the Provincial Legislature & Govts., Ministries of GOI
and other Govt. & non-Govt. organisations continued to flow to the
Secretariat of CA. Thus the President of CA Rajendra Prasad suggested
the DC to assemble on 18th Oct. 1948.
17.6.1948 - Linguistic Provinces Commission formed
by CA on the advise of DC. It submits its report on 10.12.1948.
18th Oct. 1948 to
26th Oct. 1948
(only 9 days) - The
DC examines all the suggestions received from the country along with the
recommendations of the "Special Committee" and submitted the
reprinted draft of the Constitution to the President of CA.
4th Nov. 1948 - Hon'ble Dr. B. R. Ambedkar, the Chairman of DC moves the Draft Constitution,
explains its 'salient & special features' and replies to the criticisms
levelled against it. The CA begins a clause by clause consideration from 14th Nov. 1948 onwards.
14th Nov.1948 to
17th Oct. 1949
(almost 11 months) - The
CA starts clause -by-clause consideration of the Draft Constitution.
Thereupon the CA adjourned for about 4 weeks and the Constitution together with
the amendments adopted by CA was again remitted to the DC with instructions to
carry out such renumbering of the articles, clause & sub clauses, such
revision of punctuation and such revision and completion of the marginal notes
as might be necessary, and to recommend such formal or consequential or
necessary amendments to the Constitution as might be required.
11th May 1949 - Decision
of Advisory Com. on safeguards of religious minorities recommends that
reservations for minorities should be abolished except for SCs &
STs. This was discussed by the CA on 25th & 26th May 1949 and
recommendations as adopted by the CA were finally included in the Draft
Constitution. The stand was reversed by the Adv. Com. inspite of the fact that
reservations to Muslims, Sikhs, Christians were accepted as a safeguard in Aug.
1947 and found its provision in the 1st Draft Constitution
of Feb. 1948.
19.5.1949 - Ministry of States appoints a committee to
suggests amendments to be incorporated in their (states) relationship with the
Indian Union, with M. K. Vellodi as Chairman.
21st-24th July 1949 - DC holds meeting with the Provincial Premiers
& Central Ministers and undertakes discussions on entries in legislative
lists, financial & taxation provisions, composition in council of states,
the definition of SCs, STs, FR to hold property etc.
12th Oct. 1949 - Integration
of Indian States settled and necessary changes were made in the Draft
Constitution to incorporate them as Part C states.
18th Oct. to 3rd
Nov. 1949
(only 17 days) - The DC undertakes the onerous task of
incorporating all the amendments adopted by the CA and revises the final Draft
Constitution containing 395 Articles and 8 Schedules. Along with notice for
further amendments the revised Draft Constitution was submitted to the
President of CA on 3rd Nov. 1949.
14th Nov. to 16th
Nov. 1949 - The CA considers the final amendments and puts
them to vote.
17th Nov. to 26th
Nov. 1949 - Hon'ble Dr. B. R. Ambedkar moves
"that the Constitution as settled by the Assembly be passed". The CA
took up the 3rd reading of Constitution on this motion. Members of the House express their final
views (discussion on motion) upto 25th Nov. 1949 on the
Constitution.
On
26th Nov.
1949 the motion as moved by Hon'ble Dr. B. R. Ambedkar is put to vote and
adopted.President of CA authenticates the Constitution of India
All
the members of CA sign the final copy of the 'Constitution of India' on 24th Jan. 1950.
In Context
of the above functioning of CA it must be noted that :
1. From 9th Dec. 1946 to 26th Nov. 1949 the Constituent
Assembly in its 11 sessions sat for 166 days and the Drafting
Committee from 30th Aug. 1947 to 26th Nov. 1949 met for 141
days. The rest of the period barring this (166+141=10 months & 5 days)
was consumed by work of various committees and suggestions solicited. Out of
the 166 days the CA spend only 114 days for the consideration of the Draft Constitution,
the rest for consideration of reports and legislative matters.
2. The DC apart from dealing with total
2473 amendments moved in the CA considered reports of various committees,
notes, references, letters, opinion & suggestions from all. What a
stupendous job in framing the 'lengthiest & best' Constitution with 395
Articles and 8 schedules if compared with the Constitutions of other countries (See
Table 1).
(Ref. 1. Loksabha Secretariat, Constituent
Assembly Debates, Official Report Vol. I-XI, 1999, New Delhi,
India.
2. Rao, Shiva, B. Vol. 1-4, The Framing of
India's Constitution, 2005, Universal Law Pub. Co. Ltd., New Delhi, India.
Unparalleled & Unmatched Contribution of Hon'ble Dr.
B. R. Ambedkar - Father of The Constitution of India.
Dr.
B. R. Ambedkar is elected to the CA from Bengal (Jaisur & Kulna
Constituency) on 19 th July 1946. On 16th Dec. 1946 Dr.
M. R. Jayakar moved and amendment on the Objectives Resolution moved on 13th by Jawaharlal
Nehru. Mr. Jayakar objected to the timing of the Objectives Resolution. He
moves an amendment, seeking postponement of the passing of the resolution, as
he wanted the Muslim League to join the task of laying down the fundamentals of
the Constitution. This resolution created a tense atmosphere in the House.
Amidst this tense situation Dr. B. R. Ambedkar was invited by the President
Rajendra Prasad unexpectedly, to have His say on 17th Dec. 1946. Nationalist
Dr. Ambedkar resolutely spoke "Sir, with
all this, I am quite convinced that given time and circumstances nothing in the
world will prevent this country from becoming one (Applause).... With all our
castes and creeds, I have not the slightest hesitation that we shall in some
form be united people (cheers). I have no hesitation in saying that
notwithstanding the agitation of the Muslim League for the partition of India
some day enough light would dawn upon the Muslims themselves and they too will
begin to think that a United India is better even for them. (Loud cheers and
applause)... Burke has said some where that it is easy give power, it is
difficult to give wisdom. Let us prove by
our conduct that if this Assembly has arrogated to itself sovereign
powers it is prepared to exercise them with wisdom. That is the only way by
which we can carry with us all sections of the country. There is no other way
that can lead us to unity. Let us not have no doubt on that point." With
this He supported the motion of Jayakar which led to the postponement of
consideration of objectives resolution. (pp. 99-103, CAD Vol. 1)
So
forceful, dispassionately passionate, statesman-like, and so earnestly
challenging His speech was that the whole of Assembly listened to it in rapt
silence and left an indelible mark on the minds of all regarding Dr. B. R.
Ambedkar's unquestioned Constitutional Expertise and Nationalism.
The
National Standard, reported on the 26th Dec. 1946, "The
weightiest speech in the Constituent Assembly was made by Dr. Ambedkar when he
avowed his faith in the indestructible unity of India and confidently
prophaised the return of the pampered prodigals. For once redoubtable Doctor
laid aside his role as the Avenging Angel wiping out the bitter memories of
centuries old social persecution."
There
after Dr. B. R. Ambedkar was vested with the "maximal" work of
framing the Constitution of India. He was elected unanimously as the Chairman
of Drafting Committee on 30th Aug. 1947 after
being incorporated in the Nehru Cabinet on 3rd Aug. and made as
the 1st Law
Minister of Independent India on 15th Aug. 1947. The
very date when the 77 members of Punjab Assembly including SC's voted
for remaining with present Assembly on 23rd June, leading to
partition of Punjab; National Standard (Kolhapur) hinted that Dr. Ambedkar may
be incorporated in the cabinet. Nehru was well advised by Viceroy Lord
Mountbatten in person on 29th July to choose a
really "sound Cabinet" of young, talented and keen members and to get
rid of old friends & colleagues. On Dr. Ambedkar being selected in new
cabinet Mountbatten wrote : "I did not expect Ambedkar would
find a place and his selection has given me great satisfaction." (TOP, Doc. No. 385 (p. 50), 302 (p. 36-9), Vol. XII; 304,
Vol. XI). This was done under the most difficult times
the nation was facing due to partition and the fear of "multiple-partition"
after lapse of paramountcy over Indian States under June 3rd Plan and II Act,
1947 that gave a choice to over 560 Indian Princely states to acceded
either to India or Pakistan. Not only their was fear of
"multiple-partition" or "Balkanisation of India" but also
aggravating problems of Federalism, Language, Citizenship, Safeguards
of Minorities, Fundamental Rights viz z viz Directive Principles, Nature of
Democracy, Powers & Duties of Centre & Provinces (legislative, administrative & financial), Unified Judiciary, CAG, Franchise & Electoral System,
Linguistic Provinces to be
settled constitutionally etc .But India had no history of Constitution being
framed by its People and work upon it successfully. Whatever little experience
it had, it come under the British regime since the Act of 1909, 1919 and in
particular the GOI Act, 1935. Here to, the greatest contribution to the framing
of GOI Act, 1935 was from Dr. B. R. Ambedkar who opined on various
Constitutional aspects, in all the three Round Table Conferences most of which
were incorporated in the Act, 1935. In all the three RTCs Dr. B. R. Ambedkar
opined on significant matters of Constitutional importance. This included i) Provincial Executive, ii)
Provincial Legislature, iii) Provincial Autonomy, iv) Provincial
Administration, v) Indianisation of Services, vi) Franchise, vii)
Unitary Form of Government viii) Second chamber, ix) Public
Service Commission, x) Department of Law and order, xi)
Representative Institutions xii) Taxation, xiii) Fiscal System, xiv)
Federal Court & High Courts.
He also
worked with the Joint Committee on Indian Constitutional Reforms which
was the main Committee which consequentially led to the finalisation of Govt.
of India Act, 1935. It is very surprising that how Mr. Arun Shourie who
claims to have referred volume 1 to 14 of BAWS failed to note this historical
contribution in Constitution making of India and the historical constitutional
bankruptcy of most of the so-called nationalist leaders including Gandhi,
Sapru & Jaykar in the RTC's and Joint Committee. (BAWS, Vol. 2; Keith A.B. Chapter IX, X; Shourie Arun
Chapters 8-17)
The
great responsibility to frame a Democratic Constitution and to give to herself
fell for the first time upon the People of India and the CA which was their
representative body. Though there were many lawyers in the CA under the
aegis of Congress and also ICS officers like B. N. Rau (who discharged his duty of Constitutional advisor
diligently) none was reposed such "largest"
responsibility as Dr. B. R. Ambedkar. In all, apart from being the Chairman of
Drafting Committee He was nominated/appointed on the following committees and
sub-committees, which no other member of the CA was made :
1. Advisory
Committee (on 24.1.1947)
2. Sub-Committee on
Fundamental Rights (on 27.2.1947)
3. Sub-Committee on
Minority Rights (on 27.2.1947)
4. Union Constitution
Committee (on 30.4.1947)
5. Ad-Hoc Committee
on Citizenship (on 30.4.1947)
6. Ad.-HOC Committee
on Art. 15 (3) & 16(4) (on 21-22.4.1947)
7. Joint
Sub-Committee on 'June 3 Plan' considering the cession of certain parts from
the Union (on 5.6.1947)
8. Joint
Sub-Committee on forming Linguistic Provinces (5.6.1947)
9. Sub-Committee on
the electoral college of the President of India (on 8.6.1947)
10. Sub-Committee on
the Upper House (on 9.6.1947).
11. Flag Committee (on
23.6.1947)
12. As Chairman
of Sub-Committee to consider the procedure of Amendment to the Constitution (on
30.6.1947)
13. Ad-hoc Committee
of the Provincial Constitution Committee On Cl. 8 of Part I of The Provincial
Constitution (15th July 1947)
14. Committee to
consider and report on the Functions of Constituent Assembly under Indian
Independence Act 1947 the adoption of GOI, Act 1935; the Rules and Standing
orders of the Legislative Assembly (on 20.8.1947)
15. Sub-Committee for
considering position of Sikhs & Minority Rights in East Punjab and
reservation of seats in Legislatures for minority in West Bengal (on 24.2.1948)
16. "Special
Committee" to examine the Draft Constitution of Feb. 1948 (on 27.3.1948)
17. Special Committee
on Official Language (on Nov. 1948)
Apart
from these above 17 committees & sub-committees He was elected unanimously
as the Chairman of Drafting Committee. He was also selected as Chairman
of the Select Committee to study the Hindu Code Bill on 9.4.1948.
So in
all Dr. B. R. Ambedkar worked on 18 Committees and sub-committees out of
roughly 23 constituted for the framing of Constitution (and also on the Select Committee on HCB during the
period of framing of the Constitution of India). No other member of CA [so eminently] as Him was reposed
with the "maximum" responsibility of framing of the
Constitution is a very significant point to be noted. This work went along with
the legislative business that Dr. Ambedkar handled as the Law Minister (CAD Vol. 1-XI; Shiva Rao, Vol. 1-4; BAWS Vol. 14, Part 1
& 2; 15). It must also be noted that He jointly
attend the meetings of at least 2 other committees of which He was [not]
a member viz Union Powers Committee & Provincial Constitution
Committee in His capacity as member of Union Constitution Committee.
The DC
not only prepared 1st draft of 315 Articles & 8 Schedules
fundamentally different in substantial points from the draft of B. N. Rau
submitted in Oct. 1947, but it dealt with 7635 amendments tabled to the Draft
Constitution and considered 2473 amendments actually moved in CA; reports of
all the Committees & Sub-Committees of the CA which numbered roughly 23;
notes, references & correspondences along with suggestions tendered from
all over the country. Apart from this Dr. B. R. Ambedkar in a most scholarly &
statesmanship way dealt with the debates in the CA citing of the principles
& provisions of British, US, Canadian, French, Australian, Irish, Swiss,
South African, German, Russian and other Constitutions of the World which the blind
-brain of Shourie will never appreciate. This historical labour for
the People of India and Nation continued ever since He entered the CA on
9th Dec.
1946.
During
the same period of framing of Indian Constitution the 'greatest intellectual
& visionary' of the world Dr. B. R. Ambedkar also did the following
work which is quite pertinent to note.
1. On 24th March 1947 He
submitted to Fundamental Rights Sub-Committee The Constitution of United States
of India prepared under the title 'States and Minorities What Are Their Rights
And How To Secure Them In The Constitution of Free India'. (BAWS Vol. 1)
2. He attended the
3 joint meetings of Union Constitution Committee and Union Powers
Committee that finalised the Union, Provincial and Concurrent lists from 30th June to 2nd July. (Shiva Rao, Vol. 2 pp. 761-73)
3. He attended the
Joint Meetings of Union Constitution and Provincial Constitution
Committees on 5-11th June & 18th July 1947. (Shiva Rao, Vol. 2 pp. 606-17)
4. On 14th Oct. 1948 He
submits a Memorandum to the 'Dhar Commission on Linguistic Provinces'
constituted by the CA under title 'Maharashtra As A Linguistic Province'.
(BAWS, Vol. 1)
5. On 17.6.1947 Dr.
Ambedkar appealed the Princely states to join Indian Union; clarifies
that the British Parliament has no right to pass any law on abrogating
Paramountcy and that UNO may not recognise the states ignoring India's claim of
suzerainty over them. The timing of this press release coincides with the
consideration of Indian Independence Bill, 1947 by the British Govt.(Vijay Mankar, Chronology of Dr. B. R. Ambedkar;
TOP, Doc. no. 190-244, Vol. XI)
6. On 17th Nov. 1947 Hon'ble
Dr. B. R. Ambedkar, Minister of Law moves HCB in CA (Leg.). (BAWS Vol. 14 Part 1)
7. In Nov. 1948 (1st week) He prepares
a note 'India And The British Common Wealth' forwarded along with a
draft for its implementation to the British Govt. (Vijay Mankar, Chronology of Dr. B. R. Ambedkar)
8. On 17th Sep. 1949 He moves
'Abolition of Privy Council Jurisdiction Bill.' (ibid).
9. He did other
legislative business in CA (Leg.) as the Law Minister apart from all the above.
(see p 1-48 of BAWS Vol. 15)
As an
intellectual & leader of the Movement of the Bahujan; Dr. Babasaheb
Ambedkar also performed the activities of Movement as under.
7.5.1947 - 2nd edition of Problem
Of The Rupee under new title 'History of Indian Currency And Banking' prepared
by Dr. Ambedkar is released.
1947 Writes
books 'India and Communism' and 'Untouchables and Untouchability'. (BAWS Vol. 3 & 5)
Jan. 1948 He
wrote preface to the books 'The Untouchables Who Were They And Why They Became
Untouchables'. (BAWS Vol. 7)
10.3.1948 Wrote
preface to the 3rd ed. of P. L. Narsu's book 'The Essence
of Buddhism'. (Vijay Mankar)
1948 Starts
Writing 'Riddles in Hinduism'. (BAWS Vol.
4)
All the
above are only the landmark works and other activities of the Movement of
Liberation of Bahujan Samaj which continued incessantly.
Considering
the fact that 'The Constitution of India' is not only the 'lengthiest' (only one or two Constitutions come closer to its 395
Articles & 8 Schedules) but the
'best' considering the enormous complexities of caste, culture, communalism
& partition of India thereupon; no framers of the Constitution were
able to draft such a marvellous Constitution which not only came true to the 'test
of times' but has been refereed to as an example by many countries of the
world while drafting their Constitutions.
A
comparative analysis of the 75 constitutions of the world is reproduced (see
Table 1) by me exclusively to prove the time taken & the major
revisions or amendments they have undergone.
Mendacious Lies - Shourie's Nonsense Rebutted :
It is
often falsely propagated by the likes of Shourie & co. that B. N.
Rau's draft of Oct. 1947 was the basis of Constitution of India and the DC
& CA did no-extraordinary work. B. N. Rau was nominated as the Constitutional
advisor by the Governor General (reforms) and it was latter confirmed by
the CA. He was ever eager to become the Constitutional advisor of CA soon after
the Cabinet Mission Plan was announced on 16th May 1946. He anxiously expressed his desire to be so to
the British officials. His appointment as Constitutional advisor found favour
in the likes of Reforms Commissioner V.P. Menon (See Doc. No. 25, Vol. VIII TOP & Shiva Rao Vol. 1 pp.
262-72). With all regards to B. N. Rau who laboured
hard from July 1946 onwards till Oct. 1947 and even thereafter providing
references, notes, suggestions on the various aspects of Constitution and was
acknowledged by none other than Dr. B. R. Ambedkar while moving 1st Draft Constitution
on 21st Feb.
1948 and finally on 25th Nov. 1949 himself.
Still one thing must be frankly stated that the "rough draft" in
the language of Dr. Ambedkar [see
speech of 25th Nov. 1949] containing
240 sections & 12 schedules was not only incomplete but inferior
considering to the Draft of Feb. 1948 and Oct. 1949 [both] in principles &
provisions. Also Mr. Rau had [no] formal background of law but
was a triple graduate in English, Physics, Mathematics from Madras University
and worked as a judicial officer in I.C.S. with British Govt. He had no
exposure of legislative business apart from the fact that he was on special
duty in the secretariat of GG (reforms from 1945-6). He was a puisne Judge
(inferior in rank to CJ from 1938-44) in High Court of Bengal and PM, Kashmir
(1944-45). He was also not an elected representative and the right
of law making is not of the bureaucracy but that of legislature. He got no
change of participating in the CAD, not being a member of CA.
Dr. B.
R. Ambedkar on the contrary was not
only an eminent lawyer with Bar-at-Law from Greys Inn, London but had
enormous legislative exposure from 1927 to 1939 and from 1942 to 1946 before
entering the CA as member of Legislative Council & Assembly of Bombay and
as Labour Member in Viceroys Executive Council (BAWS Vol. 2 & 10.) He was the
lone personality of India who worked in all the 3 RTCs and also the Joint
Committee (BAWS Vol. 2; Sushila Nayar 439-42). No legal personality of India of those days Neither of Alladikrishna
Ayyar, TejBahadur Sapru, Gopalswamy Ayyar, M. R. Jayakar, J. M. Nehru,
K. M. Munshi, B. Mitter, C. P. Ranagswami Iyer, P.P. Das, Bhulbhai Desai &
others matched His Constitutional scholarmanship and experience in legal
& legislative field is a 'historical fact' which no same person can ignore
but for Shourie. The Constitution of India as finally Drafted by the DC
and settled by the CA differed "fundamentally" from B. N. Rau's draft
both in 'principles & provisions', and language in the following aspects.
A] These
were the differences & advances that the Feb. 1948 Draft Constitution has
over B.N. Rau's Draft :
Preamble;
Description of India as Union of India; Citizenship; FRs; Powers of the
President; Entries in Lists; Legislative power in respect of concurrent list
subjects; composition of the Council of States; duration of Union Parliament
and of State Legislatures; Supreme Court and High Courts; Mode of Selection,
removal & powers of the Governors & Dy. Governors; Centrally
Administrated Areas; Distribution of legislative powers; Financial provisions,
services of the Union and States; Election; Franchise etc.; Procedure to the
Amendment of the Constitution; Safeguards to Minorities; Linguistic Provinces;
STs Scheduled Areas.
B] These
were the major differences & advances that the Oct. 1949 Draft Constitution
had over Rau's Draft in addition to A] as stated above :
Money
Bills & Financial Bills; Separation of Executive from Judiciary; CAG;
Attorney General; Duties of P.M.; Disqualification of Members of Houses; Procedure
of passing bills in legislatures of the state; subordinate courts; Finance,
Property, Contracts and Suits; Finance Commission; Property, Contracts, Rights,
Liabilities, Obligations and Suits; Public Service Commissions; Election
Commission and Election Commissioners; Official language & Regional
Languages; Languages of Courts; Emergency Provisions; Temporary &
Transitional Provisions; Special Provisions relating to Certain Classes;
Parliamentary System of Executive; Federal Policy under single Constitution;
Citizenship; Judiciary, laws; All India
services; Schedules and unrequired details therein (like disqualifications for
membership, corrupt practices, SC/ST lists, composition of provincial
legislatures & Federal Parliament, Instruction to the Governors). (Shiva Rao, Vol. 3 & 4 see all the drafts completely;
The Constitution of India, 1st edition, 1950)
All the
above differences & developments were of course the detail work of DC based
on the Reports of Committees, decisions and amendments accepted by CA. Going by
the CAD from 14th Nov.
1948 to 16th Nov.
1949 it is apparently evident that most of the amendments that were not
accepted by the Chairman of DC were negated and those accepted were adopted by
the CA (see CAD, Vol. VII to XI). It is important
to note that B. N. Rau's 'rough draft' was not even considered worthy
for public circulation by the Drafting Committee. (pp. 37-8, Biswas S. K. Refer the book completely for critics &
comments)
On 4th Nov. 1948 Rajendra
Prasad explained - "Members are aware that the Draft Constitution was prepared by a
Drafting Committee which was appointed by this House and the Draft was placed
in the hands of Members nearly eight months or more ago. Members were asked to
send in any suggestions or amendments... The Drafting Committee has considered
all these suggestions and amendments and they have redrafted many of the
articles in the light of the suggestions.. So we have now got not only the
Draft as it was originally prepared, but also the redraft of a number of the
Articles which the Drafting Committee had prepared in the light of suggestions
received."
He also
explained that how the DC has taken care to draft proposals of those committees
whose recommendations were not discussed in the CA. (pp. 17-18, CAD, Vol. VII)
After
this Hon'ble Dr. B. R. Ambedkar moved the Draft Constitution on 4th Nov. 1948 by
stating : Mr. President, Sir, I introduce the Draft Constitution as settled
by the Drafting Committee and move that it be taken into consideration. (p. 31, ibid)
Finally
on 17th Nov.
1949 while taking up the 3rd reading of the
Constitution Hon'ble Dr. B. R. Ambedkar moved :
Mr.
President, Sir, I move :
"That
the Constitution as settled by the Assembly be passed." (cheers)
The
President of the CA Mr. Rajendra Prasad after his historical speech on
26th Nov.
1949 concluded :
It now
remains to put the motion which was moved by Dr. Ambedkar, to vote of the
House. The question is :
"That
the Constitution as settled by the Assembly be passed."
The
motion was adopted. (Prolonged
Cheers).
Mr.
President then authenticated the Constitution. (p. 995, CAD, Vol. XI)
On 24th Jan. 1950 the tree
copies of the Constitution (one in English, hand-written and illuminated by
artists; the 2nd copy a
print in English and the 3rd, a copy hand-written in Hindi) were signed by all the
members of the CA and the President finally signed these copies.
So we
finally have The Constitution of India
as 'drafted' by the Drafting Committee and 'settled' by the
Constituent Assembly. This should be borne in mind convincingly. It is the
only historical fact of the framing of Constitution.
The
Constitution of India is not only the 'lengthiest but the best' due to following
10 distinct features which all together cannot be found in any single
constitution of the world.
1. Principles
of Equality + Liberty + Fraternity + Justice as enshrined in the Preamble (they are now adopted by most modern constitutions).
2. Individual
as unit and not otherwise.
3. Fundamental
Rights with reasonable restrictions, and remedies to approach the Supreme
Court.
3a. Recognition
of Human Rights with 'dignity of individual' enshrined in the Preamble
and U/A 21 (Right to Life), 14 (Right to Equality).
4. Union of
India - one united India along with a flexible federation.
5. Uniformity
in Federation to maintain 'Unity of the Country' [by single judiciary; uniformity in fundamental laws - civil &
criminal and All India Services].
6. Welfare
State as enshrined in Directive Principles of State Policy.
7. Parliamentary
Democracy with responsibility to the People.
8. Reservations
(Art. 16(4), 335), and special protections [V & VI Sch.] recognised as
rights & safeguards to abolish caste & ethnic discrimination.
9. One
single integrated judiciary.
10. Supremacy
of the Constitution exercised through the sovereign Parliament of 'We the
People'.
Only the
modern Constitutions framed after 1980's recognising the Human Rights and in
particular 2nd &
3rd generation FRs and features like Ombudsman, Judicial
Commission and international laws have evolved in Constitutional principles
& provisions that are to be incorporated in our Constitution. Here to the 'dignity
of individual' exclusively incorporated by DC in the preamble with Art. 51C
& 253 for ratification of international law are the original pieces which
were made ever before the Universal Declaration of Human Rights on 10th Dec. 1948 by UN.
Moreover the modern Constitutions under the 'rule of Human Rights' are
adopting the social, economic, cultural rights of the people & community
rights of minorities, women & indigenous people as originally
envisaged by Dr. B. R. Ambedkar in His 'States and Minorities' well before HRs
convenants & conventions (refer BAWS
Vol. 1; Brownlie & Goodwin; Gerhard R.; Pylee, M.V.).
Anti-Democratic
& anti-Human mentality people like Shourie often forget to see that it was
not the nationalist movements 'folklore of freedom' which first spoke of FRs but the movement of Bahujan
Samaj initiated by Mahatma Jotirao Phooley which spoke for Human Rights
of men & women including the Shudras & Atishudras way ahead of Sapru
& Annie Besant's 'Common Wealth of India Bill', Dec. 1924 (pp. 467-85, Shourie; Keer, Mahalshe & Phadke;
Deshpande G.P.). It was
Phooley who spoke for Human Rights of Human beings 1st of all in India in
his book 'Sarvajanik Satya Dharma' in
1889 and much before since 1848 after reading Thomas Paine's 'Rights
of Man' published in 1791 who had greater effect on the American
Constitution making since 1787 (p. 8,
Clapha, Andrew). Phooley was
the 1st intellectual in India to read Paine and
speak for HRs.
As early
as 1892 & 1901 the leaders of Untouchables like Baba Walangkar &
others in Maharashtra & Bengal demanded for Human Rights of Untouchables (p. 41 Vijay Mankar, Poona-Pact). In South India it was Iyothee Thass & Periyar
who argued for those rights in 19th & 20th century (Geeta V & Rajadurai S.V.; Aloysis G.). The Prince of Kolhapur Rajarshi Shahu Maharaj was
also arguing for these HRs in 1917 and had already executed a number of
legislations giving effect to the FRs of women, workers & untouchables
since 1902 (refer Rajarshi Sahu Chatrapati Papers Vol.
1-IX published by Shivaji University, Kolhapur, Maharashtra; Salunke, P.B..
& Mali M.G.; Pawar, Jaysingh). Further
the evidence of Dr. B. R. Ambedkar before Southbrough Committee of 1919
and His views before Simon Commission & RTCs (from 1928-1933) exemplify a
lot on the FRs & HRs of human beings (refer BAWS Vol. 1 & 2). The
Mahad Satyagrah of 1927 initiated by Dr. Ambedkar was the 1st movement of HR's
of India. All these Movements of Bahujan Samaj from Phooley to Babasaheb
are contemporary to the history of HR's in 19th & 20th century across the
world; like Francis Younghusband's 'Fight for Right Movement' 1915;
President W. Wilsons '14 Points Programme'; establishment of League of
Nations & ILO, 1919; Paris Peace Conference for 'equality rights' of 1919
and Slavery Convention of 1926. The Philosophy of HRs as propounded by these Great
Leaders of Bahujan Samaj was much radical in content than those of HR's in the
world. Pertinent to note here that the "dharma" as propounded
by Hindu Shastras from Rigveda to Balambhati was an absolute
negation of HRs to maintain varna & caste based indignities
& inequalities. It was the 'Dhamma' of Buddha that for
the first time propounded the HRs of all men in the world in 6 BCE. (Kane P.V Vol. 1-5; BAWS Vol. II, Vol. 17, Part 1, Vol.
18, Part 1; Vijay Mankar, Poona Pact, Ch. XI, XII, XIII; pp. 23-9; Clapham
Andrew)
It can
be candidly adduced that the Movement for Human Rights & Fundamental Rights
was started [not] by the so-called nationalist reformers or leaders like
Raja Rammohan Roy, Gandhi, Sapru, Annie Beasant, Motilal Nehru,
Jayakar etc. but by Phooley, Thass, Shahu Maharaj, Periyar and
Constitutionally guaranteed by Dr. B. R. Ambedkar. The so called
nationalist movements response on these rights since 1924 was on the contrary,
a "face saving exercise" to the Human Rights Movement of Bahujan
Samaj.
All the
above unquestionably establishes the 'unparalleled & unmatched'
contribution of Hon'ble Dr. B. R. Ambedkar in framing the Constitution
of India; without disregard to all other members of CA who in particular
contributed their best in framing the Constitution with knowledge, integrity,
hardwork, vision and action for India's future. However among all these tall
personalities Dr. Ambedkar was visible like the "Mount Everest".
This is further substantiated by two evidences.
First,
the Drafting Committee comprised of 7 members as under.
1. Dr.
B. R. Ambedkar, Chairman
2. N.
Gopalswami Aiangar, Member
3. Alladi
Krishnaswami Ayyar, Member
4. Kanhaiyalal
Maniklal Munshi, Member
5. Mohammad
Sadulla, Member
6. D.
P. Khaitan (who dies and on 5.2.1948 T.T.
Krishnamachari was nominated.), Member
7. B.
L. Mitter (replaced by Madhava Rao on
8.12.1947), Member
None
other than T.T. Krishamachari, a member of DC on 5th Nov. 1948 stated
on record in the CA that out of 7 members 1 resigned & replaced, 1 dies, 1
was away in America, 1 engaged in state affairs, 2 were away from Delhi for
health reasons. That is, out of 7 members 5 had little or no contribution in
the work of DC. Krishnamachari goes a length ahead and candidly accepts.
"So it happened ultimately that the
burden of drafting the Constitution felt on Dr. Ambedkar and I have no doubt
that we are greatful to him for having achieved this task in a manner which is
undoubtedly commendable" (p. 231, CAD Vol. VII, Book 2 Loksabha Secretariat, 1999,
New Delhi). A reference to
the minutes of meeting of DC attended by its members of 141 days will make the
absence of its members most conspicuous. Though the 'full records' of
meetings & correspondences of the various committees along with 'correspondences'
of that CA are [not] yet published; not even in the volumes of Shiva Rao on
which Shourie have so heavily relied, ignoring maliciously the CAD's and
other records from 1909 onwards.
Dr. Rajendra Prasad the President of CA on 26th Nov. 1949
wholeheartedly acknowledged Dr. Ambedkar in the following words.
"Sitting in the chair and watching the
proceedings from day to day, I have realized as no body else could have, with
that zeal and devotion the members of the Drafting Committee and especially its
Chairman, Dr. Ambedkar, inspite of his indifferent health, have worked (Cheers).
We could never make a decision which was or could be ever so right as when we
put him on the Drafting Committee and made him its chairman. He has not only
justified his selection but has added lustre to the work which he has done...' (p. 994, CAD Vol. XI, Book 5, ibid)
How Shourie failed to see that as early as 30th June 1947 the
President of CA, Dr. Rajendra Prasad in his letter requesting Mr. B.
G. Kher, the then Prime Minister of Bombay to elect Dr. B. R. Ambedkar
immediately had even before His becoming of Chairman of DC acknowledged the
work of Dr. Ambedkar in CA and various committees. This is what Dr. Prasad
wrote : "Apart from any other consideration we have found Dr.
Ambedkar's work both in the Constituent Assembly and the various Committees to
which he was appointed to be of such an order as to require that we should not
be deprived of his services... I am anxious that he should attend the next
session of the Constituent Assembly commencing from the 14th July and it is
therefore necessary that he should be elected immediately" (pp. 25-6, BAWS Vol. 13). Till 30th June 1947 Dr.
Ambedkar has contributed His constitutional expertise to as many as 12
committees and sub-committees. Shourie must open his eyes and see that
in absence of Nehru, Dr. Ambedkar was called upon to preside over the joint
meetings of Union Powers Committee and Union Constitution Committee on 2nd July (p. 771, Shiva Rao Vol. 2) that finalised 3 lists. Similarly He chaired the Union
Constitution Committee on 11th June & 24th Aug. 1947 (pp. 558, 564, ibid). How Shourie failed to see the role of Dr.
Ambedkar in Advisory Committee and its sub-committees of which He was a member (Vol. 2, ibid)? The problem with mendacious hagiographer Shourie
is that he picked and choose from references that are not complete and that
too, that which suited his hagiography.
Out of
the 90 odd members of CA (list as under) who spoke on the resolution moved
by Dr. B. R. Ambedkar to adopt the Constitution, from 17-11-1949 to
25-11-1949 most of them had heartfelt applauses to the toil & genius of the
Chairman of DC, Dr. B. R. Ambedkar and the members of DC for drafting
the COI.
Mr. V.
I. Muniswamy Piliay, Seth Govind Das, Mr. Lakshminarayan Sahu, Shri K.
Hanumanthaiya, Prof. K. T. Shah, Shri R. K. Sidhva, Prof. N. G. Ranga, Mr.
Naziruddin Ahmad, B. Das, Shri Ramnarayan Singh, Kuladhar Chaliha, Shrimati
Annie Mascarene, Gokulbhai Daulatram Bhatt, Lakshmi Kanta Maitra, N. V. Gadgil,
M. Anandhasayanan Ayyangar, Shri B. G. Kher, Prabhu Dayal Himatsingka, H. V.
Pataskar, B. A. Mandloi, Krishna Chandra Sharma, Khandubhai K. Desai, Thakur
Das Bhargava, H. V. Kamath, Seth Damodar Swarup, T. Prakasan, Shibban Lal Saksena,
J. J. M. Nichal's Roy, Shrimati Renuka Roy, Shri K. Santhanam, Sardar Bhopinder
Sing Man, Kazisyed Karimuddin, Arun Chandra Guha, Shankarrao Deo, Syed
Muhammad, Sa'adulla, H. J. Khandekar, Mahbooob Alig Baig Sahib, S. M. Ghose, P.
T. Chacko, Sardar Hukam Singh, S. Nagappa, Jaspat Roy kapor, Algu Rai Shastri,
Amiyo Kumar Ghosh, Aiza Rasul, P. S. Deshmukh, Sita Ram S. Jajoo, Hriday Nath
Kunzru, Syamanandan Sahay, Rohini Kumar Chaudhuri, Shrimati Hansa Mehta,
Lokanath Mishra, Jadubans Sahay, Gopal Narain, Ajit Prasad Jain, S. V.
Krishnamoorthy Rao, Upendranath Barman, P. Kakkan, M. Thirumala Rao, Ari
Bahadur Gurung, Giani Gurumukh Singh Musafir, R. V. Dhulkear, Dr. P. K. Sen, B.
P. Jhunjhunwala, Alladi KrishnasWami Ayyar, Mr. Hyder Hussain, B. M. Gupte, Balwant Sinha Mehta, Nandkishore Das,
Sardar Sochect Singh, Mr. T. T. M. Wilson, H. Siddaveerappa, Kamlapaati Tiwari,
Dharanidhar Basu Matari, Ari Bahadur Gurung, Dip Narayan Sinha, Chaundhari
Ranbir Singh, Manikya lal Varma, Brajeshwar Prasad, Mr. Mohammad Tahir,
Shrimati Purnima Banerje, V. S. Sarwate, Basanta Kumar Das, Shrimati G.
Durgabai, Dr. V. Subramanian, K. M. Jedhe, Satis Chandra Samanta, Kaka Bhagwant
Roy, Shri Jaipal Singh, A. Thanu Pillai, O. V. Alagesan, L. Krishnaswami
Bharathi, Ratan Lal Malviya, Har Govind Pant, Sarandhar Das, Ammu Swaminathan,
L. S. Bhatkar, Ram Chandra Upodhyaya, Ram Chandra Gupta. (CAD, Vol. XI)
Secondly,
Dr. B. R. Ambedkar's contribution was acknowledged by Columbia University
on 6th June
1952 by conferring upon him the honorary degree of LLD. The University hailed
Dr. Ambedkar as "as a framer of the Constitution, member of the
cabinet and of the council of states. One of India's leading citizens, a great
social reformer and a valiant upholder of human rights."
In his obituary
speech the PM, Jawaharlal Nehru also acknowledged Dr. B. R.
Ambedkar's very prominent part He played in the making of our Constitution.
In Loksabha on 6th Dec. 1956 Nehru said "He is often
spoken of as one of the architects of our Constitution. There is no doubt that
no one took greater care and trouble over Constitution making than Dr.
Ambedkar" (P.D. Vol.
10, Part I, II, 6.12.1956, pp. 2059-68; pp. 976-9 BAWS Vol. 15). The Dy. Chairman of Rajya Sabha said : "He
will how ever be remembered as one of the great architects of our
Constitution". (p. 975
BAWS, Vol. 15)
The
likes of Shourie & co. having "rotten-mentality"
due to brahmanism find it absolutely difficult to acknowledge that a
person apart from so-called b1s can ever accomplish such a 'great &
noble' task of our civilization. They have no courage to question Gandhi's
false title of 'father of nation' even when India till date is
not a nation [but only a country] due to caste + adharma = brahmanism (refer, Vijay Mankar, Poona Pact Ch. XV. 'Father of which
Nation?). Their can be no two opinions on the fact
that the 'Democratic Constitution of India' is exclusively a product of the
Movement of HRs of Bahujan Samaj from 1848-1956 made a 'historical success' by
Dr. B. R. Ambedkar, by drafting it.
This
settles the matter once for all that Dr. B. R. Ambedkar is not only the 'Principal
Architect of The Constitution' but the 'Father of Constitution
of India', 'Father of Constitutional India'. But for Him we could not
have such a wonderful Constitution of 'We the People'. A detail book in this
regard may however be necessary for creating a record for reference.
After establishing the above historical facts it seems
just trival to me to comment upon either Shankar's caricature or the
likes of Padshikar or Shourie who are anti-democratically 'prostituting their intellect' to
overtly & covertly propagate wrong history of Constitution making & in
particular about Dr. B. R. Ambedkar which it is not. In this attempt
they will face the wrath of history.
We can
therefore stop by saying that 'a moon shines not by self but by the sun'
and 'a few clouds of the day cannot hide the light of sun'! 'The
Greatest Son of India - Dr. Bhimrao Ramji Ambedkar' is the sun of the Universe
who will continue to bestow light & energy not only on India but the whole
World by the 'Greatest Humanitarian Revolutionary Movement of the World' that
He orchestrated by Ambedkarism.
References :
Ambedkar, Dr. B. R., Dr. Babasaheb Ambedkar Writings And Speeches Vol. 1 (1979),
2(1982), 11(1992), 13(1994), 14 Part 1 & 2 (1995), 15 (1997), 17 Part 1
(2003), 18 Part 1 (2002) Govt. of Maharashtra Pub., India.
Aloysis, G., Nationalism
Without a Nation in India 1997, OUP, New Delhi, India.
Biswas, S. K., Father of The Constitution of India, 2000, Orion Books,
Delhi, India.
Brownlie, Ian &
Goodwin,
Gill Guy S (ed.), Basic Documentation On Human Rights, 2006, OUP, New Delhi,
India.
Coupland, Ian, The Princes of India In The Endgame Of Empire 1917-1947,
1999, Foundation Books, New Delhi, India.
Clapham, Andrew, Human Rights VSI, 2007, OUP : Clarendron Street : London, U.K.
Deshpande,
G.P. (ed.),
Selected Writings
of Jotirao Phule 2002, Left Word Books, New Delhi, India.
Geeta, V &
Rajadaurai, S.V., Towards A Non-Brahmin Millennium-From Iyothee Thass To Periyar,
1998, Samya, Calcutta, India.
Gerhard Robbers (ed.), Encyclopedia of World Constitutions, Vol.
1-3, 2010, Viva Books Pvt. Ltd., New Delhi, India.
Kane, P.V., History
of Dharmashastra (Ancient And Medieval Religious And Civil Law in India), 3rd
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(2006), Bhandarkar Oriental Research Institute, Pune, India.
Keer, D., Malshe,
S.G. &
Fadke Y.D. (ed.), Mahatma Phooley Samagra Vangmay (Marathi), Maharashtra Rajya
Sahitya Ani Sanskruti Mandal, Mumbai, India.
Keith A.B., A
Constitutional History of India 1600-1935, 1930 (reprinted 2011), LPP, New
Delhi, India.
Loksabha Secretariat, Constituent Assembly
Debates Official Report Volumes 1 to XI, 1999, New Delhi, India.
Mansergh,
Nicholas
(Editor-in-chief) &
Moon, Penderal
(editor), Constitutional
Relations Between Britain And India, The Transfer of Power, 1942-7, Vol I
(1970), II (1971), III (1971), IV (1973), V (1975), VI (1976), VII (1977), VIII
(1979), IX (1980), X (1981), XI (1982), XII (1982), Her Majesty's Stationery
Office, London, UK.
Nayar Sushila (ed.), Mahatma Gandhi, Vol. VI, 1995, Navajivan
Mudranalaya, Ahmedabad, India.
NCERT, Indian
Constitution At Work, 2006, New Delhi.
Pylee M.V. Constitutions
of the World, Vol 1-2, 2006, Universal Law Pub. Co. Pvt. Ltd., New
Delhi, India.
Pawar, Jaysing (ed.), Rajarshi Shahu Smarak
Granth (Marathi), 2001, Maharashtra Itihas Prabodhini, Kolhapur, India.
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- Vijay
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